CITY COUNCIL MEETING NO. 03-2009 The Regular Meeting of City Council was held on Tuesday, January 6, 2009, and was called to order at 7:00 pm in the Council Chamber, City Hall. Regular business commenced at 7:45 pm. His Worship Mayor Harvey Rosen presided. There was an "In Camera" meeting of the Committee of the Whole from 7:05 pm to 7:40 pm in the Councillors’ Lounge. (Council Chamber) ROLL CALL Present: Mayor Rosen, Councillor Foster, Councillor Garrison (arrived at 7:35 pm), Councillor Gerretsen (arrived at 7:45 pm), Councillor Glover, Councillor Hector, Councillor Hutchison, Councillor MacLeod-Kane, Councillor Matheson (arrived at 7:15 pm), Deputy Mayor Meers, Councillor Osanic (arrived at 7:05 pm), Councillor Schmolka, Councillor Smith (13) Absent: (0) (Councillors’ Lounge) Administrative Staff Present: Mr. J. Bolognone, Deputy City Clerk Ms. P. Burns, Director, Human Resources & Organization Development Mrs. C. Downs, City Clerk Mr. G. Hunt, Chief Administrative Officer Mr. H. Linscott, Director, Legal Services Mr. L. Thurston, Commissioner of Community Development Services Mr. H. Tulk, Fire Chief, Fire and Emergency Planning * * * * * * * * * * * * COMMITTEE OF THE WHOLE “IN CAMERA” (1) Moved by Councillor Foster Seconded by Councillor Hutchison THAT Council resolve itself into the Committee of the Whole “In Camera” to consider the following item(s): (a) Labour relations or employee negotiations (Negotiations with Kingston Professional Firefighters) CARRIED * * * * * * * * * * * * (Council Chamber) Administrative Staff Present: Ms. C. Beach, Commissioner of Sustainability and Growth Mr. J. Bolognone, Deputy City Clerk Mr. R. Carnegie, Director of Tourism Marketing, KEDCO Mrs. C. Downs, City Clerk Mr. J. Giles, Manager, Solid Waste Mr. J. Hale, Driver/Labourer, Public Works Mr. G. Hunt, Chief Administrative Officer Mr. D. Leger, Commissioner of Corporate Services Mr. H. Linscott, Director, Legal Services Mr. R. Steele, Manager, Fleet Mr. L. Thurston, Commissioner of Community Development Services Mr. M. VanBuren, Director, Engineering Mr. G. Wallace, Director, Planning and Development City Council Meeting No. 03-2009 Minutes Tuesday, January 6, 2009 REPORT OF THE COMMITTEE OF THE WHOLE “IN CAMERA” (2) Moved by Councillor Glover Seconded by Councillor Smith THAT Council rise from the Committee of the Whole “In Camera” without reporting. CARRIED * * * * * * * * * * * * DISCLOSURE OF PECUNIARY INTEREST Councillor Smith declared a possible pecuniary interest in the matter of Motion No. (4) regarding the ban on bottled water in municipal facilities as he is the owner of the Windmills Café Ltd. which has a contract with the City of Kingston to supply beverages and snacks to the Grand Theatre. * * * * * * * * * * * * PRESENTATIONS (1) Ms. Corrie Abrams, Chair of the Selection Committee and member of the Board for the Kingston and District Sports Hall of Fame, presented the inductees for 2009. Leonard Coyle John Walter ‘Bill’ Fitsell Tom Mastantuono Aldo Popazzi Sean Reade Mary Skeggs * * * * * * * * * * * * DELEGATIONS (1) Mr. Arthur Milnes, Centre for the Study of Democracy at Queen’s University, spoke to Council regarding Motion No. (2), Sir John A. Macdonald. * * * * * * * * * * * * BRIEFINGS (1A) Mr. George Wallace, Director, Planning and Development, briefed Council on the 2009 Accessibility Report. (See Clause 1, Report 13) (1B) Council consented to waive the rules of By-Law No. 98-1, “Council Procedural By-Law”, in order to amend the Orders of the Day to allow Clause (1), Report No. 13 to be dealt with following the briefing by Mr. George Wallace on the 2009 Accessibility Report. (A 2/3 Vote of Council Was Received) (See Page No. 59) Note: Clause 1 of Report No. 13 of the Chief Administrative Officer (Recommend) was dealt with at this point in the meeting. Page 54 City Council Meeting No. 03-2009 Minutes Tuesday, January 6, 2009 PETITIONS (1) A petition bearing approximately 213 signatures was presented by Councillor MacLeod-Kane and referred to Mayor Rosen and the Rural Affairs Coordinator and reads as follows: Since hearing of the closing of the Postal Outlet at Bryan’s Pharmacy, in the Rideau Town Centre, at Gore Road, in Pittsburgh District. Residents of both COUNTRYSIDE and PITTSBURGH DISTRICT have obtained over TWO HUNDRED signatures, in less then six days, asking Canada Post to have a postal Outlet opened at Codes’ Corner, Hwy # 15, Kingston Mills. They would ask that copies of this petition be sent to the following people: 1- Sophie Nizman - Local Area Manager - Canada Post 2- Moya Greene - President/Chief Executive Officer - Canada Post 3- Jacques Cote - Chief Operations Officer - Canada Post 4- Hon. Hugh Segal, Senator for Kingston, Frontenac & Leeds 5- Hon. Peter Miliken, MP for Kingston and the Islands 6- Hon. John Gerretsen, M.P.P. for Kingston and the Islands 7- Hon. Mayor Rosen - City of Kingston Last however not least. 8-Terry Shea - Rural Affairs Coordinator – City of Kingston REFERRED TO MAYOR AND RURAL AFFAIRS COORDINATOR (2) A petition bearing approximately 44 signatures was presented by Councillor Matheson and referred to the Kingston Police and Police Services Board and reads as follows: “We are the victims of vandalism and trespassers at “Brittany-Place” We are a group of concerned citizens of Brittany-Place, and we are your neighbours, in fact. We have been victims of the rash of acts of vandalism that has plagued our neighbourhood for the past 4 ½ years now. These acts are committed mainly by young people who do damage to cars and landscaping which are occurring on any given night. The trespassers are rude and careless on their bikes and they leave their garbage and liquor and beer bottles on our property. These kids are an invasion to our privacy and some of our residents do not feel comfortable on our property with all these kids walking around especially in the evening. A couple of kids are so brazen that they told us twice in advance that they were going to destroy our landscaping and they did. It is important that you sign this petition, as we intend to have our concerns brought up to City Council and the Kingston Police, we want them to provide us with solutions so we can have peace and safety on our ‘Brittany Place’ property. We also urge anyone to not hesitate to report any activities and acts of violence/vandalism by dialing the police at 549-4660.” REFERRED TO KINGSTON POLICE & POLICE SERVICES BOARD * * * * * * * * * * * * Page 55 City Council Meeting No. 03-2009 Minutes Tuesday, January 6, 2009 MOTIONS OF CONGRATULATIONS/CONDOLENCES/SPEEDY RECOVERY Council consented to the addition of Motion of Congratulations (1) and Motion of Condolence (2). Motion of Congratulations (1) Moved by Councillor Hector Seconded by Councillor Smith THAT the congratulations of Kingston City Council be extended to six year old Miss Devon Cobb of Lakeside District for her initiative to organize a Toy Drive to assist other children in our community. Motions of Condolence (1) Moved by Mayor Rosen Seconded by Councillor Foster THAT the sincere condolences of Kingston City Council be extended to the family and friends of the late George N. Speal, former Mayor of the City of Kingston in 1973-1976. (2) Moved by Councillor Hector Seconded by Councillor Matheson THAT the sincere condolences of Kingston City Council be extended to the family of Mr. Donald Murphy, who for many years was the neighbourhood leader in organizing the upkeep of Auden Park West woodland in Lakeside District, and died on the job, December 29th, 2008. CARRIED * * * * * * * * * * * * Page 56 City Council Meeting No. 03-2009 Minutes Tuesday, January 6, 2009 REPORTS Report No. 12 the Chief Administrative Officer (Consent) Moved by Councillor Garrison Seconded by Deputy Mayor Meers THAT Report No. 12 of the Chief Administrative Officer (Consent) be received and adopted. Report No. 12 To the Mayor and Members of Council: The Chief Administrative Officer reports and recommends as follows: All items listed on the Consent Report shall be the subject of one motion. Any member may ask for any item(s) included in the Consent Report to be separated from that motion, whereupon the consent report without the separated item(s) shall be put and the separated item(s) shall be considered immediately thereafter. THAT Council consent to the approval of the following routine items: (a) Appointment of Deputy Administrator under the Social Housing Reform Act, 2000 THAT City Council establish the position of Director of Community and Family Services Department as Deputy Administrator under the Social Housing Reform Act; 2000, c 27, s 15(2); AND FURTHER THAT By-Law 1998-8 entitled “A By-Law to Appoint Statutory Officials of the Corporation of the City of Kingston be amended by deleting Greg Grange and replacing his name with Jim de Hoop as Deputy Administrator. (See By-Law No. (1), 2009-27) (The Report of the Commissioner of Community Development Services (09-019) was attached to the agenda as Schedule Pages 1-3) (File No. CSU-S13-000-2009) (b) Award of RFP for Mechanical Ice Resurfacing Machine THAT the RFP F31-CS-FL-2008-2 for the purchase of one mechanical ice resurfacing machine be awarded to Zamboni Company Ltd. for the purchase price of $7,600.00 plus applicable taxes. (The Report of the Commissioner of Corporate Services (09-036) was attached to the agenda as Schedule Pages 4-6) (File No. CSU-V00-000-2009) Page 57 City Council Meeting No. 03-2009 Minutes Tuesday, January 6, 2009 REPORTS (CONTINUED) REPORT NO. 12 OF THE CHIEF ADMINISTRATIVE OFFICER (CONSENT) (c) Release And Abandonment Of Easements For Stormwater Management In The Lyndenwood Phase 4-4 Subdivision In The Cataraqui North Neighbourhood THAT Council authorize the Director of Legal Services to release and abandon the following easements: Easements for stormwater management registered as instrument #FC31290 represented by Parts 11, 12, 13, 14, 15 and 16 on Reference Plan 13R-18591 In the Lyndenwood Phase 4-4 Subdivision In The Cataraqui North Neighbourhood.